Loading...
2004-09-15 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMIS -; ii ~ [E ~ WI ~ ~ REGULAR MEETING SEPTEMBER 15, 2 MINUTES ~ NOV - 9 2004 I. CALL TO ORDER BOROUGH CLERK'S OFFICE The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on September 15,2004 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend - Chair Cheryl Boehland Gary Carver Casey J anz David King Dennis McMurry Reed Oswalt Others Present Michelle R. Stearns, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. A quorum was established. III. APPROVAL OF AGENDA COMMISSIONER OSWALT MOVED to add Old Business Item D to the agenda. COMMISSIONER JANZ SECONDED the motion. The motion CARRIED by unanimous voice vote. COMMISSIONER CARVER MOVED to add Old Business Item E to the agenda. COMMISSIONER KING SECONDED the moiton. The motion CARRIED by unanimous voice vote. COMMISSIONER BOEHLAND MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING P & Z Minutes: September 15,2004 Page 1 0[8 l - COMMISSIONER OSWALT MOVED TO APPROVE the minutes of August 18,2004 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS A) Case 804-014. Request for a request for preliminary approval, in accordance with KIBC 16.40, of the subdivision of Lot 23A, US Survey 3099 creating Lots 23A-l and 23A-2, US Survey 3099. STAFF reported forty (40) public hearing notices were distributed on August 27, 2004 with none being returned prior to tonight's meeting. Staff recommended approval of the request. COMMISSIONER JANZ MOVED TO grant preliminary approval of the subdivision of Lot 23A, U.S. Survey 3099 creating Lots 23A-1 and 23A-2, U.S. Survey 3099, subject to the conditions of approval contained in the staff report dated September 7, 2004, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Place a note on the plat in accordance with KIBC 16.40.050.B.3.a.i, addressing the prohibition of further subdivision of a lot with single Type I flag stem. 2. Install a water service to each lot in accordance with City of Kodiak standards and obtain a letter of compliance from Public Works prior to final plat approval. 3. Construct a driveway access to Lot 23A-l within the designated flag stem access and abandon the lower drive access in favor of the new flag stem access drive. Obtain evidence of compliance with applicable state and borough driveway codes for inclusion in the casb file for this subdivision prior to final plat approval. 4. Remove the encroaching driveway from the property line common with Lot 22A-1 or in the alternative, include this lot in the subdivision in order to adjust the lot line. P & Z Minutes: September 15,2004 Page 2 of8 l iii 5. Record a written easement agreement with the adjoining landowners indicating a temporary easement for building encroachments from adjoining Lot 23B and Lot lA, with a fixed date by which the encroachments will be removed. In the alternative, expand the scope of subdivision to adjust the boundary lines of the subdivision to convey the land upon which these encroachments are located. 6. Obtain a letter of non-objection for the lot line configuration on Lot 23A-1 where it does not coincide with the sewer easement recorded in Book 144, Page 294. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. B) Case 04-008. Request for a disposal review of borough property, per KIBC 18.20.030, described as a portion of US Survey 2439 Lot 1 for the purpose leasing borough land at less than fair market value in order to develop a recreational vehicle park, equestrian center and associated trails system. Staff summarized the legal opinion regarding Commissioner King's participation in this case and the potential conflict of interest. COMMISSIONER KING DECLARED A CONFLICT OF INTEREST and asked to be excused from participation in this case. CHAIR FRIEND excused him without objection. P & Z Minutes: September 15, 2004 Page 3 of8 I I I I b iii STAFF indicated five (5) public hearing notices were distributed for this case with none being returned prior to tonight's approval. Staff recommended denial of this request. COMMISSIONER BOEHLAND MOVED TO adopt the following resolution containing a negative recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 04 - 008. A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION, RECOMMENDING AGAINST A DISPOSAL BY LEASE FOR LESS THAN FAIR MARKET VALUE TO A NONPROFIT CORPORATION OF APPROXIMATELY 600 ACRES OF BOROUGH LAND LOCATED WITHIN LOT 1 UNITED STATES SURVEY 2539 FOR THE PURPOSE OF ESTABLISHING A RECREATIONAL VEHICLE PARK, AMONG OTHER USES. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each disposal of Borough land to be reviewed by the Planning and Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning and Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal by resolution before the case can be forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission's recommendation is to determine whether the land is considered to be surplus to the Borough's need; and, WHEREAS, the Planning and Zoning Commission held a public hearing on September 15, 2004, to consider the land disposal request made by the Kodiak Island Sportsman's Association (KISA) for a land disposal by lease for less than fair market value; P & Z Minutes: September 15,2004 Page 4 of8 l ~ NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT: Section 1: The Kodiak Island Borough Planning and Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends against the approval of a disposal by the Kodiak Island Borough Assembly of a land disposal for less ~an fair market value of approximately a six hundred (600) acre tract on a portion of Lot 1, United States Survey 2539 near the entrance of the Salonie Creek Rifle Range along the Chiniak Highway. I Section 2: Findings. 1. The Womens Bay Comprehensive Plan Update is a work-in-progress. I 2. The area subject to the land disposal request is located within the Women's Bay Regional Plan Area. 3. The land disposal request is premature in light of the uncompleted Womens Bay Comprehensive Plan Update. 4. The requested lease area would unnecessarily interfere with the public's right to access and use a public resource. 5. The proposed use(s) of the lease area represent incompatible use(s) with existing uses. 6. The proposed development of the lease area relies upon speculative change(s) in the current Kodiak Island Borough Code Title 17 - Zoning. 7. The proposed development of the lease area relies upon the grant of a variance premised upon prohibited reason. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION, THIS FIFTEENTH DAY OF SETEMBER, 2004 The motion was SECONDED by COMMISSIONER JANZ. Regular session closed. Public hearing opened: Doc Dovle. Board Member. Kodiak Island Sportsmans Association: Spoke in favor of the request and attempted to clarify the request. Dave Heuman. Worn ens Bav Resident: Spoke against the request. Feels that the request is premature considering the Worn ens Bay Comprehensive Plan hasn't been completed. P & Z Minutes: September 15,2004 Page 5 of8 l . Pam Foreman. Chair. Kodiak Island Borough Parks & Recreation Committee: Spoke against this request and referred to the Parks & Recreation resolution presented to the Commission in their packet supplements. The Parks & Recreation Committee feels more information is needed before making decisions for this area. Norma Holt. Secretary. Kodiak Island Sportsmans Association: Spoke in favor of the request. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER MCMURRY MOVED TO POSTPONE this case until the next regular meeting of the Planning & Zoning Commission and to direct staff to notify Leisnoi, Inc of this request. COMMISSIONER OSWALT SECONDED the motion. The question was called, and the motion CARRIED, five yeas to one nay. Commissioner Boehland was the nay. VIII. OLD BUSINESS A) Kodiak Island Borough 2005-2009 Capital Improvement Program (CIP) resolution. The Commission recommended changing the score on the Mill Bay/Rezanof Intersection evaluation to 80. COMMISSIONER JANZ MOVED TO adopt a resolution ofthe Kodiak Island Borough Planning & Zoning commission (Resolution 2004-03) recommending priorities for inclusion in the Kodiak Island Borough's FY '05-'09 Capital Improvement Program as amended. COMMISSIONER CARVER SECONDED the motion. The question was called and the motion carried by unanimous roll call vote. B) Department of Natural Resources Kodiak Area Plan Final Comments resolution. COMMISSIONER KING MOVED TO adopt a resolution of the Kodiak Island Borough Planning & Zoning Commission (Resolution 2004-04) adopting recommendations regarding the Kodiak area plan. P & Z Minutes: September 15, 2004 Page 60f8 I I COMMISSIONER JANZ SECONDED the motion. The question was called and the motion" carried, five yeas to two nays. Commissioners McMurry and Oswalt were the nays. C) Mobile Home Park August 25, 2004 work session. The Commission decided to review this topic at the regular worksession of October 13, 2004. D) Chiniak Survey (item added after advertising - amend agenda to include) IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS A) Letter dated August 19, 2004 to Mr. & Mrs. Glenn Mathes from Martin Lydick regarding notice of violation. B) Letter dated August 20, 2004 to Mr. George Kontra from Martin Lydick regarding Kodiak Island Borough Planning & Zoning Case 04-007. C) Letter to the Kodiak Island Borough Assembly from Tess Dietrich regarding asphalt incident. D) Letter Dated August 27, 2004 to Todd Hiner from Martin Lydick regarding letter of notice and courtesy. There were no further communications. COMMISSIONER CARVER MOVED TO ACKNOWLEDGE RECEIPT of item A through item D of Communications. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XI. REPORTS A) Meeting schedule: · September 21,2004 special meeting at 7:30pm in the KIB Assembly Chambers - ChemTrack CUP extension. · October 13,2004 work session at 7:30 p.m. in the KIB Conference room. · October 20, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. P & Z Minutes: September 15, 2004 Page 7 of8 , , I ~ COMMISSIONER KING MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER MCMURRY, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS There were no audience comments. XIII. COMMISSIONERS' COMMENTS COMMISSIONER KING: Now realizes the frustration people go through when they have the answers but are not allowed to share them. COMMISSIONER JANZ: Glad the Commission is going through the comprehensive planning process for Womens Bay and Chiniak before developing the areas more. I IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:09p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING OMMISSION By: ATTEST By: ("\' ,~ \ r ^t (;~,v" ~ . l J1,^-~' Erin Whipple, Secretary Community Development Department DATE APPROVED: October 20,2004. P & Z Minutes: September 15,2004 Page 8 of8 I I I I ~